Here in WA there are no open carry laws; it's the lack of a law prohibiting it that makes it lawful.
For what do you need this?
Link Removed there is a digital copy.
And for those without a CPL (carry permit) ....In Michigan OC is legal almost anywhere - because there is no law against it. However, when in a vehicle it is considered "concealed" even if it is laying on the seat beside you in plain sight - as such falls under the Concealed Carry laws. Unless you hold a Concealed Pistol License (CPL) the firearm must be properly stored for transport. With a CPL it can be OC or CC legally in the vehical.
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So here's something I don't get about states like Michigan with great open carry laws, but only while NOT in your car. So I can open carry in most public areas, but if I get in my car, I need to pull my gun out of the holster, remove the magazine and round in the chamber so I can keep them separated in the vehicle, and then put the gun in the trunk in a case and the rounds in the glove compartment. Then when I get to my destination, I have to pull out the gun and rounds, reload the gun and put it in the holster and put it on my hip. How is that not two counts of brandishing? I know if a cop sees me pull a gun from the trunk and lock and load, I am probably going to have a very unpleasant conversation. To be allowed to open carry (no permit necessary) in a car, you need.......a concealed weapons permit????? So while Michigan might be considered a "great" open carry state, they make it a real pain in the ass to actually carry it out.
Maybe make them a little more like Vermont's laws on carrying...
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dhardy and Bikenut,
I fully understand both of what you are saying. My point is that it is completely asinine. You (the state) are completely okay with me carry a gun in the open in a mall full of people or whatever, but in the confines of my car, while still being a law-abiding citizen who is legally allowed to have and carry a gun, not. That seems pointless and like they are trying to make open carry something that is not worth the hassle of doing the steps you mention. And Bikenut, I agree with you, but I also wonder how taking a gun out of a case outside your vehicle, let's say in a parking lot of a Walmart, and loading it, racking a round, and then holstering would not be considered brandishing. If I were just walking to the Walmart and unholstered my gun in the presence of a cop, I would probably be shot down in an instant. Just seems damn dumb. Seems to me that if you had a CPL and you were literally concealing under a jacket while in your car, you should have a CPL. But having it openly on a seat or in my shoulder holster doesn't make it concealed, just like if I go to a photo booth at the mall with an open carry, the booth doesn't make it a concealed carry. I just think they need to think the logistics through on this one.
What state DOESN'T have laws that don't make sense on any given issue? Dumb or not, the law in Michigan says that unless you have your CPL you cannot OC in your vehicle. The moment you enter your vehicle, the firearm is concealed for the purposes of law. The fact is that, even if you transport it in plain view on the seat beside you, until an officer reaches the point at which the firearm comes into view, it is concealed from his view. End of story. Now, you can carp and complain about that, or, if you are from MI, you can get into the fight and start raising cain with your legislators in Lansing.
As to brandishing, the law requires you to both secure and re-deploy your firearm in the parking lot of a business prior to entering or upon exiting your vehicle if you don't have your CPL; you are NOT guilty of brandishing. Brandishing, while undefined by MI law, generally means that you "wave or flourish (something, esp. a weapon) as a threat or in anger or excitement." Since the law requires you to store your firearm unloaded before you get in your vehicle if you OC without a CPL, and MI specifically permits you to store your firearm in your vehicle in the parking lot of a business, then as long as you aren't waving your firearm about in the process in what could be construed as a threatening manner, you aren't guilty of brandishing it as you load or unload it prior to securing or re-deploying it.
dhardy and Bikenut,
I fully understand both of what you are saying. My point is that it is completely asinine. You (the state) are completely okay with me carry a gun in the open in a mall full of people or whatever, but in the confines of my car, while still being a law-abiding citizen who is legally allowed to have and carry a gun, not. That seems pointless and like they are trying to make open carry something that is not worth the hassle of doing the steps you mention. And Bikenut, I agree with you, but I also wonder how taking a gun out of a case outside your vehicle, let's say in a parking lot of a Walmart, and loading it, racking a round, and then holstering would not be considered brandishing. If I were just walking to the Walmart and unholstered my gun in the presence of a cop, I would probably be shot down in an instant. Just seems damn dumb. Seems to me that if you had a CPL and you were literally concealing under a jacket while in your car, you should have a CPL. But having it openly on a seat or in my shoulder holster doesn't make it concealed, just like if I go to a photo booth at the mall with an open carry, the booth doesn't make it a concealed carry. I just think they need to think the logistics through on this one.
dhardy and Bikenut,
I fully understand both of what you are saying. My point is that it is completely asinine. You (the state) are completely okay with me carry a gun in the open in a mall full of people or whatever, but in the confines of my car, while still being a law-abiding citizen who is legally allowed to have and carry a gun, not. That seems pointless and like they are trying to make open carry something that is not worth the hassle of doing the steps you mention. And Bikenut, I agree with you, but I also wonder how taking a gun out of a case outside your vehicle, let's say in a parking lot of a Walmart, and loading it, racking a round, and then holstering would not be considered brandishing. If I were just walking to the Walmart and unholstered my gun in the presence of a cop, I would probably be shot down in an instant. Just seems damn dumb. Seems to me that if you had a CPL and you were literally concealing under a jacket while in your car, you should have a CPL. But having it openly on a seat or in my shoulder holster doesn't make it concealed, just like if I go to a photo booth at the mall with an open carry, the booth doesn't make it a concealed carry. I just think they need to think the logistics through on this one.
Ok....here is the actual law..But your point that I highlighted is part of why this doesn't make sense. So simply because the officer can't see your weapon makes it "concealed"? So what I stated about being in a photo booth, or if my open carry side is not facing an officer, or if I am standing behind a counter and my gun is not plainly showing I am concealing. That is the logic behind the law and your statement. I guess that's why I think this is dumb.
Luckily I am stationed in Quantico, VA where they don't give a crap about the lib agenda and love us open carry people (except Fairfax county). I was just posting this to see if I could find a logical explanation for this seemingly obvious negative loophole. And besides, what is the point of a blog site if not to ***** about stuff??
....So it isn't about whether the gun being in the car makes the gun "concealed"... this law says it is illegal for a person without a carry permit to have a gun in a vehicle "concealed or otherwise".